5101:12-10-70
Termination of services.

(A)
This rule
describes the conditions that must exist and the process a child support
enforcement agency (CSEA) shall use to terminate IV-D services or to terminate
support enforcement program services (i.e., case closure).

(b)
The CSEA
received a IV-D referral but the Ohio works first (OWF), medicaid, or Title
IV-E foster care maintenance (FCM) benefits have terminated. There may or may
not be assigned arrears; or

(c)
The CSEA received a IV-D referral and the child
is currently receiving medicaid benefits and one of the following exists:

(i)
The caretaker with whom the child resides
is not receiving medicaid benefits; or

(ii)
The caretaker with whom the child
resides is receiving medicaid benefits and the caretaker meets one of the
exceptions to cooperation in accordance with paragraph (D)(1)(b) of rule
5101:12-10-31 of the
Administrative Code.

(10)
"Public assistance case" or "PA case,"
for the purposes of this rule, means a IV-D case in which the CSEA received a
IV-D referral and:

(b)
The child is currently receiving medicaid
benefits, the caretaker with whom the child resides is receiving medicaid
benefits, and the caretaker is required to cooperate with the CSEA in
accordance with paragraph (D) of rule
5101:12-10-31 of the
Administrative Code.

(11)
"Recipient of IV-D services," for the
purposes of this rule, means:

(12)
"Support
enforcement program services" are identified in rule
5101:12-10-01 of the
Administrative Code.

(C)
When the phrase "terminate services" is
used in this rule, it refers to the decision made by the CSEA to either
terminate all services or to terminate IV-D services but continue to provide
support enforcement program services. The decision made by the CSEA must be
made based on one of the criteria described in paragraph (D) of this rule. To
further clarify, when the CSEA elects to terminate services, then:

(a)
IV-D services terminate but the CSEA
shall continue to provide support enforcement program services when the CSEA
has a duty to provide support enforcement program services. The case is then
considered a non-IV-D case.

(b)
Case closure shall occur when IV-D services have been terminated and the CSEA
has no duty to provide support enforcement program services.

(2)
In a non-IV-D case, case
closure shall occur when the CSEA has no duty to provide support enforcement
program services.

(D)
A
CSEA may terminate services when the case record contains verification that the
case meets one of the following criteria:

(1)
There is no current support obligation owed to the caretaker and one of the
following applies:

(a)
The child is no longer
in the home of the caretaker and there is no support order or no arrears are
owed under a terminated support order.

Use of this criterion shall result in case closure.

(b)
There is no duty of support,
as described in section
3103.03 of the Revised Code,
owed to the caretaker, and paternity establishment is not required.

Use of this criterion shall result in case closure.

(c)
The court or administrative
support order has been terminated and there are no arrears or the total of all
arrears is less than five hundred dollars and a payment has not been received
on the case within the preceding six months.

Use of this criterion shall result in a non-IV-D case when
there are arrears or case closure when there are no arrears.

(d)
The court or administrative support order
has been terminated, the arrears are unenforceable under state law, and a
payment has not been received on the case within the preceding six months.

Use of this criterion shall result in a non-IV-D case.

(2)
The NCP has died
and no further support enforcement program services, including a levy against
the estate, can be provided.

(c)
There is a
final and enforceable determination of paternity that determines that the
alleged father is not the father of the child or that another man is the father
of the child;

(d)
The CSEA has
determined that it would not be in the best interest of the child to establish
paternity in a case involving incest or forcible rape or where legal
proceedings for adoption are pending; or

(e)
The identity of the biological father is
unknown and cannot be identified after diligent efforts, including at least one
interview by the CSEA with the recipient of IV-D services.

Use of this criterion shall result in case closure.

(4)
The NCP's location
is unknown, the CSEA has made diligent efforts to locate the NCP using multiple
sources, as described in rules
5101:12-20-05 to
5101:12-20-05.3 of the Administrative Code, and all efforts have been
unsuccessful over a period of:

(a)
Three
years when there is sufficient information to initiate an automatic locate
effort; or

(b)
One year when there
is not sufficient information to initiate an automatic locate effort.

Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears or in case closure when there is no support
order or arrears.

(5)
The NCP has no available income or assets
that could be levied or attached for support and cannot pay support for the
duration of the child's minority because:

Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears or in case closure when there is no support
order or arrears.

(7)
The case was opened for location services
only, location services have been completed, and a final location response has
been sent to the caretaker.

This criterion shall only be used in an NPA case or a Title
IV-E, non-FCM case when the case was opened as a result of a request for
location services only. Use of this criterion shall result in a non-IV-D case
when there is a support order or arrears or in case closure when there is no
support order or arrears.

(8)
The recipient of IV-D services requests
that the CSEA terminate IV-D services.

(a)
This criterion shall only be used in a case when there are no assigned arrears
and the CSEA:

(a)
Approved a good cause waiver or
determined other exceptions to cooperation; and

(b)
Determined that no support enforcement
services may be provided without risk of harm to the child or caretaker.

This criterion shall only be used in a PA case. Use of this
criterion shall result in case closure.

(10)
The CSEA is unable to contact the
recipient of IV-D services within a sixty day period despite an attempt of at
least one letter sent by first class mail to the last known address of the
recipient of IV-D services.

This criterion shall only be used in an NPA case when there are
no assigned arrears. Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears or in case closure when there is no support
order or arrears.

(11)
The
CSEA documents the circumstances of non-cooperation by the recipient of IV-D
services and an action by the recipient of IV-D services is essential for the
next step in providing services.

This criterion shall only be used in an NPA case when there are
no assigned arrears. Use of this criterion shall result in a non-IV-D case when
there is a support order or arrears or in case closure when there is no support
order or arrears.

(12)
The
CSEA documents that the initiating state has failed to take an action
after repeated requests
from the CSEA for additional information or documents, that is essential
for the CSEA to take the next step in providing services.

Use of this criterion shall result in case closure
if there is no Ohio controlling order on the case, or
there are no assigned arrears owed to Ohio. If there is an Ohio controlling
order, or if there are assigned arrears owed to Ohio, the use of this criterion
shall result in a non-IV-D case.

(13)
The initiating
agency has notified the CSEA that the initiating state has closed its case. The
CSEA shall close the case within ten business days of receiving the
notification.

Use of this criterion shall result in
case closure if there is no Ohio controlling order on the case, or there are no
assigned arrears owed to Ohio. If there is an Ohio controlling order, or if
there are assigned arrears owed to Ohio, the use of this criterion shall result
in a non-IV-D case.

(14)
The initiating
agency has notified the CSEA that the CSEA's intergovernmental services are no
longer needed. The CSEA shall close the case within ten business days of
receiving the notification.

Use of this criterion shall result in
case closure if there is no Ohio controlling order on the case, or there are no
assigned arrears owed to Ohio. If there is an Ohio controlling order, or if
there are assigned arrears owed to Ohio, the use of this criterion shall result
in a non-IV-D case.

(15)
In a non-IV-D
case, a court has, in accordance with section
3121.441 of the Revised Code,
permitted the obligor to make spousal support payments directly to the obligee
instead of to the office of child support when:

(a)
The obligee and obligor have no minor
children born as a result of their marriage; and

(b)
The obligee has not assigned the spousal
support amounts to the Ohio department of job and family services.

This criterion shall only be used in a non-IV-D case. Use of
this criterion shall result in case closure.

(16)
The case was opened in error or another administrative reason exists to close
the case.

Use of this criterion shall result in case closure.

(E)
In a IV-D case, the
CSEA shall make reasonable efforts to establish paternity or a child support
order, when appropriate, prior to terminating IV-D services.

(G)
Termination of support enforcement
program services in a non-IV-D case with an existing arrears balance.

(1)
The CSEA may terminate support
enforcement program services and close a non-IV-D case when the support order
has been terminated and:

(a)
The total of all
arrears is less than one hundred fifty dollars; or

(b)
There has been no collection received on
the case during the past three years and all manual and automated location or
enforcement methods have been unsuccessful.

(2)
When the CSEA proposes to terminate
support enforcement program services and close a non-IV-D case, the CSEA shall
issue a notice to the last known address of the parties to the support order
that contains the following information:

(b)
Either party to the support order may
request that the CSEA continue providing support enforcement program services
by contacting the CSEA in writing within sixty days of the date on the notice;

(c)
After the case has been
closed, either party to the support order may contact the CSEA at any time and
request that the CSEA resume providing support enforcement program services or
IV-D services; and

(d)
The CSEA
will reopen the case at a later date when a collection is received on the case.

(3)
The CSEA may close
the non-IV-D case when neither party has contacted the CSEA within sixty days
of the date of the notice described in paragraph (G)(2) of this rule to request
that the CSEA continue to provide services.

(4)
When the CSEA closes the non-IV-D case,
the arrears balances that display on the support enforcement tracking system
(SETS) must accurately reflect the arrears balances owed on the case.

(5)
When the CSEA has closed a
non-IV-D case, the CSEA shall reopen the case in accordance with rule
5101:12-10-02 of the
Administrative Code or when a collection is received on the case.